1 Fair Work Act 2009 s.365—General protections Chawki Jaber Chehayeb v Hume Doors & Timber (Vic) Pty. Ltd. (C2025/3772) DEPUTY PRESIDENT O’NEILL MELBOURNE, 6 JUNE 2025 Application under s.365 of the Fair Work Act 2009 – s.725 enlivened – application dismissed pursuant to s.587(1)(a). [1] On 16 April 2025, Mr Chawki Jaber Chehayeb made an unfair dismissal application under s.394 of the Fair Work Act 2009 (Cth), naming Hume Doors & Timber (Vic) Pty Ltd as the employer. This application was given the matter number U2025/4691(Unfair Dismissal application). [2] On 9 May 2025, Mr Chehayeb made a general protections application involving dismissal under s.365 of the Act, concerning the same dismissal dispute as the Unfair Dismissal application. This application was given the matter number C2025/3772 (the s.365 application) and is the subject of this decision. [3] For the following reasons I am satisfied that Mr Chehayeb’s application was not made in accordance with the Act and should be dismissed. [4] Between 28 April 2025 and 13 May 2025, Commission staff made multiple attempts to contact Mr Chehayeb regarding his unfair dismissal matter. [5] On 23 May 2025, Commission staff made a phone call to Mr Chehayeb, with the aid of an interpreter, and advised him that he had lodged two dismissal dispute applications, where s.725 of the Act prohibits the making of multiple applications in relation to the same dismissal, in particular that a second application must not be made. Mr Chehayeb was informed that both his applications would be referred to a Member of the Commission. Mr Chehayeb confirmed his understanding. Later that day, my Chambers emailed Mr Chehayeb informing him that I was considering dismissing both his applications and requiring him to provide a response by 30 May 2025. Mr Chehayeb has not provided a response. [6] Section 725 of the Act prevents, in particular circumstances, multiple applications being made in relation to the same dismissal and provides: [2025] FWC 1553 DECISION [2025] FWC 1553 2 “A person who has been dismissed must not make an application or complaint of a kind referred to in any one of sections 726 to 732 in relation to the dismissal if any other of those sections applies.” [7] Unfair dismissal applications and s.365 applications are applications with which s.725 is concerned. Having regard to the factual background, Mr Chehayeb was prevented from making the s.365 application (an application “referred to” in s.727) because s.729 applied. This is because when Mr Chehayeb lodged the s.365 application on 9 May 2025, he had already made the unfair dismissal application and before doing so, that unfair dismissal application had not: • Been withdrawn (s.729(1)(b)(i)); or • Failed for want of jurisdiction (s.729(1)(b)(ii)); or • Failed because the Commission was satisfied that the dismissal was a case of genuine redundancy (s.729(1)(b)(iii)). [8] As such, I am satisfied that the s.365 application was not made in accordance with s.725 of the Act and that it is appropriate that I exercise the power in s.587(1)(a) of the Act to dismiss it. I make the following order: 1. The application under s.365 of the Fair Work Act 2009 (Cth) made by Mr Chawki Jaber Chehayeb on 9 May 2025 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR787949>